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FERGUSON v. DUTTON

No. 71-1827 Summary Calendar.

477 F.2d 121 (1973)

Billy Homer FERGUSON, Petitioner-Appellant, v. A. L. DUTTON, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1973.

Attorney(s) appearing for the Case

Walter H. Wingfield, Atlanta, Ga., C. Ronald Ellington, Athens, Ga. (Court Appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen. of Ga., Dorothy T. Beasley, Atlanta, Ga., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Appellant, Billy Homer Ferguson, a white man, presently under sentence of life imprisonment as a result of his conviction for first degree murder, here appeals from the District Court's denial of his petition for habeas corpus. Although several other substantial constitutional questions are raised, the gravamen of Appellant's complaint concerns the systematic exclusion of Blacks from the grand jury that indicted him and the petit jury that convicted him...

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